Personal Liability

News & Analysis as of

Making Bankers Accountable

The Financial Conduct Authority and the Prudential Regulatory Authority have recently been showing signs of gearing up for the new regime which is intended to have the effect of making senior bankers and other financial...more

Landlords Beware

Courts from California to New York have long held landlords accountable for contributory trademark infringement in knowingly leasing real property for unlawful trades, manufacture or business, when those landlords rent space...more

Wills, Trusts & Estates Newsletter - August 2015

In This Issue: - 5 Ways for Business Owners to Protect Their Assets - VA Benefits - Know What’s Out There - Excerpt from VA Benefits - Know What's Out There: For many family members helping to care for an...more

The Wild West of Improper Joinder in North Texas

In 1998, the Texas Supreme Court recognized that an insurance claim adjuster can be held personally liable for a breach of the Texas Insurance Code. Based on this precedent, it has become commonplace for claim adjusters to be...more

Declaring War on Drones: Is it a Crime to Shoot Down a Drone over Your Property?

Trying to avoid the sweltering heat, “Uncle Jesse” Duke was in the garage working on his moonshine operation when he heard a loud shriek in the backyard. He ran to the back to find his niece, Daisy, sunbathing by the pool....more

5 Ways for Business Owners to Protect Their Assets

Asset Protection is often a concern for business owners; particularly if they are engaged in a business with high incidents of litigation (such as doctors, home builders or other construction contractors for...more

Joining AIM: A Field Guide for Applicants to AIM, a Market of the London Stock Exchange: Update - August 2015

In this Issue: What is the Process for Admission to Trading on AIM? Publication of either a prospectus or an admission document. A prospectus is required where a company is offering shares to the public under...more

When is a Car Driver Responsible for a Mechanical Malfunction in an Accident?

Some auto accidents tied to vehicle malfunction might be the fault of the manufacturer or mechanic. Drivers too might be at fault for poor maintenance. By far, the number one cause of car accidents in Illinois are drivers who...more

Can Health-Compromised Drivers Be Held Responsible for Causing an Accident?

There are many scenarios by which the owner of a vehicle can be held negligent and therefore responsible for a motor vehicle accident when in fact that person was not driving the car. If, for example, the vehicle owner...more

In re General Motors Company Derivative Litig., C.A. No. 9627-VCG (Del. Ch. June 26, 2015) (Glasscock, VC)

In this memorandum opinion, the Court of Chancery dismissed a derivative complaint under Rule 23.1, finding that plaintiffs failed to show that the board of directors (the “Board”) of General Motors Company (“GM”) acted in...more

When Are Drivers Responsible for Bicyclists’ Bad Driving?

Both motorists and bicyclists make mistakes in traffic, but a cyclist is much more likely to be injured. Determining fault and liability are essential to both parties. Almost 60 percent of all bicycle crashes involve the...more

IREG Update - August 2015

Hot Topic: Re"visiting" the sharing economy - A primer on the insurance issues surrounding lodging sharing companies - Background Beginning in the early 2000's, social technologies enabled the emergence of new...more

How Driver Negligence in an Accident Lawsuit is Determined in Court

What is negligence? In any auto, truck, bus or other kinds of on-road collision, it is an act or failure to act that causes an accident. Negligence is failure to follow the rules of the road, which might include running a...more

Principal May Not Be Held Liable Under “Joint Action” Theory for Breach of Contract By Company, But May Have Individual Liability...

The Connecticut Supreme Court recently issued an opinion in Joseph General Contracting, Inc. v. Couto, (SC 19209) that preserved the limited liability of a principal for breach of contract claims against the company, but...more

Recent Cases of Interest to Fiduciaries

In re Estate of House, 2014 Wash. App. LEXIS 3006 (Wash. Ct. App. 2014) - A release waiving any and all claims that the parties may have or may acquire, bars recovery for unknown claims existing at the time the release...more

Vehicle Passenger May Be Liable for Influencing or Encouraging Driver’s Conduct That Results in Harm to a Third Party

Miriam Navarrete, et al. v. Hayley Meyer - California Court of Appeal, Fourth Appellate District (June 22, 2015) - The California Fourth Appellate District reversed the trial court’s summary judgement in favor of...more

Focus on Private Equity - July 2015

What Private Equity Funds Should Know About ERISA: Basics of ERISA Coverage - The Employee Retirement Income Security Act of 1974, as amended (ERISA) imposes numerous duties on fiduciaries holding employee benefit...more

Deliberate Indifference to Bullying Can Amount to Massive Liability – Lessons from the Pine Bush Settlement

$4.48 million. That’s how much the Pine Bush School District in central-New York just agreed to pay to settle a lawsuit brought by a group of current and former students who alleged that school administrators were...more

Banking Disputes Quarterly - Q2 2015

Welcome to the summer issue of Banking Disputes Quarterly, keeping you informed about the latest news and legal developments in banking disputes. In On the Horizon we look ahead to an important appeal to be heard by...more

Officer/Director Liability for Violations of the US Federal Food, Drug, and Cosmetic Act

Officers and directors of Irish and Northern Irish companies whose products would be regulated by the US Food and Drug Administration (life sciences companies, specifically) should be aware of developments on the issue of...more

Your Questions: The Role of the CCO - A Q&A Session About the Evolving Role of the Chief Compliance Officer

Last year we gathered Robert Chersi, Executive Director, Center for Global Governance, Reporting and Regulation at Pace University; Seth Rice, Assistant General Counsel – Compliance & Director of Global Ethics and Compliance...more

Court Of Chancery Explores Risk Management Duties

As this decision notes, only if a Board is consciously failing to follow its duty is the Board potentially liable for a failure to monitor risk and the resulting harm to the corporation. That in turn requires some sort of...more

Corporate E-Note - June 2015

In this Issue: - IRS Issues Guidance on Portability: The IRS recently issued final regulations that provide guidance on the federal estate and gift tax applicable exclusion amount, in general, as well as the...more

The Deeper Dive: C-Suite to Prison Pipeline

In recent years, the U.S. Department of Justice (DOJ) has been criticized for failing to prosecute executives for fraud, particularly in the financial sector. In response, the DOJ has begun to more heavily emphasize...more

Senior Justice Officials Warn Healthcare Companies That They Will be Held Accountable for the Misconduct of Their Employees and...

On Thursday, June 18, 2015, Attorney General Loretta Lynch announced that the Medicare Fraud Strike Force, in conjunction with seven local U.S. Attorney’s Offices, had charged 243 individuals, across 17 federal districts, in...more

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